[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Page 5218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2289]
[[Page 5217]]
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Part VI
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Parts 541 and 551
Institutional Management; Editorial Amendments; Final Rule
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Rules
and Regulations
[[Page 5218]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 541 and 551
[BOP-1074-F]
RIN 1120-AA70
Institutional Management; Editorial Amendments
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its
regulations relating to institutional management to update an
organizational reference, to make a stylistic correction, and to adjust
codification. There is no change in the intent of any of the amended
regulations.
EFFECTIVE DATE: January 30, 1998.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Rules Unit, Office of
General Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on marriage of inmates (28 CFR part 551, subpart B). A
final rule on this subject was published in the Federal Register on
April 30, 1984 (49 FR 18385) and was amended on October 29, 1993 (58 FR
58248). When first promulgated, Sec. 551.10 consisted of two
undesignated paragraphs. In conformance with Office of Federal Register
recommendations, these two undesignated paragraphs are being combined
into one paragraph. More specifically, the two sentences of the second
undesignated paragraph are being designated as the second and third
sentences of the remaining paragraph.
The Bureau is also making two editorial amendments to its
procedures for handling HIV-positive inmates who pose a danger to
others (28 CFR part 541, subpart E). A final rule on this subject was
published on March 17, 1989 (54 FR 11323) and was amended on April 27,
1989 (54 FR 18198) and on July 10, 1991 (56 FR 31530). These
regulations are being amended to update the references to the
organization and procedures of the Administrative Remedy Program in
Secs. 541.65(c) and 541.67(e) and to use the singular rather than the
plural form of a noun in Sec. 541.63(a).
Because these amendments are editorial in nature, the Bureau finds
good cause for exempting the provisions of the Administrative Procedure
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the
opportunity for public comment, and delay in effective date. Members of
the public may submit comments concerning this rule by writing to the
previously cited address. These comments will be considered but will
receive no response in the Federal Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly this rule was not reviewed by the Office of Management and
Budget. After review of the law and regulations, the Director, Bureau
of Prisons has certified that this rule, for the purpose of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), does not have a
significant economic impact on a substantial number of small entities,
within the meaning of the Act. Because this rule pertains to the
correctional management of offenders committed to the custody of the
Attorney General or the Director of the Bureau of Prisons, its economic
impact is limited to the Bureau's appropriated funds.
List of Subjects
28 CFR Part 541
Prisoners.
28 CFR Part 551
Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), parts 541 and 551 in subchapter C
of 28 CFR, chapter V are amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS
1. The authority citation for 28 CFR part 541 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 4161-4166 (Repealed as to offenses committed on
or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as
to offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28
CFR 0.95-0.99.
Sec. 541.63 [Amended]
2. In Sec. 541.63(a), the word ``recommendations'' in the second
sentence is revised as ``recommendation''.
3. In Sec. 541.65, paragraph (c) is revised to read as follows:
Sec. 541.65 Regional Director review and appeal.
* * * * *
(c) An inmate may appeal a decision of the Regional Director,
through the Administrative Remedy Program, directly to the National
Inmate Appeals Administrator, Office of General Counsel, within 30
calendar days of the Regional Director's decision (see 28 CFR 542.15).
4. In Sec. 541.67, paragraph (e) is revised to read as follows:
Sec. 541.67 Review of controlled housing status.
* * * * *
(e) An inmate may appeal a decision of the Regional Director,
through the Administrative Remedy Program, directly to the National
Inmate Appeals Administrator, Office of General Counsel, within 30
calendar days of the Regional Director's decision (see 28 CFR 542.15).
PART 551--MISCELLANEOUS
4. The authority citation for 28 CFR part 551 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4161-4166 (Repealed as to offenses
committed on or after November 1, 1987), 5006-5024 (Repealed October
12, 1984 as to offenses committed after that date), 5039; 28 U.S.C.
509, 510; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney
General's August 6, 1991 Guidelines for Victim and Witness
Assistance.
Sec. 551.10 [Amended]
5. In Sec. 551.10, designate the text of the undesignated second
paragraph as the second and third sentences of the first paragraph.
[FR Doc. 98-2289 Filed 1-29-98; 8:45 am]
BILLING CODE 4410-05-P
